Just when I thought it was safe to answer the phone, Dish Network assaulted my business line with a pre-recorded autodialer.  Worse, one with a VRU!

This time I attempted to root out the culprit by pressing “1” to speak to an agent.  Someone named “Erin” took the call and tried to sell me a subscription to Dish Network.  Up to this point, I hadn’t been completely sure that it was Dish, but I had strongly suspected it to be the case.  Unfortunately, it was impossible to get her to own up to the name of the company she worked for.  She would only say they were “affiliated” with Dish Network.  At that point I thought I would take a shot at getting removed from their calling list, but she hung up on me. 

So, I got a bit ticked off and filed a complaint with the Texas PUC against Dish Network.  I don’t give a rat’s ass whether Dish was the company that called me or not.  It was done in their name and they have a responsibility to make their affiliates follow the law.

Anyhow, let’s examine the case against this Dish Network affiliate.  While the complaint I filed was for violating the Texas Do Not Call list, I could also (and am considering it) file a complaint at the federal level for violating a number of rules. 

Calls using artificial or prerecorded voice messages – including those that do not use autodialers – may not be made to residential telephone numbers except in the following cases:

• emergency calls needed to ensure the consumer’s health and safety;
  I’m pretty sure selling satellite service doesn’t ensure my health or safety; in fact, the annoyance raises my blood pressure…
• calls for which you have given prior consent;
  I certainly didn’t consent.  In fact, putting my number on the national and state do-not-call lists is a good sign that consent is not expressed or implied…
• non-commercial calls;
  Selling satellite service certainly seems like a commercial enterprise.
• calls which don’t include or introduce any unsolicited advertisements or constitute telephone solicitations;
  It was an unsolicited advertisement to solicit me to sign up for Dish Network service.
• calls by, or on behalf of, tax-exempt non-profit organizations;
  I’m pretty sure Dish Network intends to make a profit off of me.
• or, calls from entities with which you have an established business relationship.
  I most assuredly do not have a prior business relationship with Dish Network, as I loathe them and their sales tactics.

In addition, the FCC’s rules prohibit the use of autodialers in a way that ties up two or more lines of a multi-line business at the same time.  (I only have one line so I guess they get a pass on this one.)

All artificial or prerecorded telephone messages, must state, at the beginning, the identity of the business, individual, or other entity that is responsible for initiating the call. Fail!  If a business is responsible for initiating the call, the name under which the entity is registered to conduct business with the State Corp. Commission (or comparable regulatory authority) must be stated.  Wouldn’t even tell me who they were when questioned after the recording! During or after the message, the caller must give the telephone number (other than that of the autodialer or prerecorded message player that placed the call) of the business, other entity, or individual that made the call.  Ha!  Their whole M.O. is to avoid giving out their contact information.  It may not be a 900 number or any other number for which charges exceed local or long distance transmission charges.  Heck, I’d even take that if I could find some way to contact these bastards.

Autodialers that deliver a recorded message must release the called party’s telephone line within 5 seconds of the time that the calling system receives notification that the called party’s line has hung up.  Fail!  I’ve had problems with this consistently with them.  Their system will not release my line, even after 10 seconds or longer.

In certain areas there might be a delay before you can get a dial tone again. Your local telephone company can tell you if there is a delay in your area.  I’d accept the delay if they’d just get the hell off the line when I hang up.  Instead, they’ll still be yakking away when I pick it up again.

Seems like this Dish Network “affiliate” has designed their message to break just about every rule concerning recording messages.  It’s almost as if they planned it this way…